Revolutionary War Pension and Bounty Land Warrant Application File S 5365, Adam Drake, Mass.

SERVICE
NUMBER
Mass.
Drake, Adam
S 5365
carded
CONTENTS

2848.
Massachusetts
Adam Drake
of Bristol in the State of Mass who was a Pirate in the Company commanded by Captain [blank] of the Regt commanded by Col Duggett in the Mass line for 14 Days & 12 Nights
Inscribed on the Roll of Pass at the rate of 17 Dollars 98 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 14 day of Dec 1832 and sent to Abiah Taunton Mass.
Arrears to 4th of Sept 1832 - $ 71.97 Pemi=ant. allowance ending 1st Jan 33 23.99
$95.96
{ Revolutionary Claim, } { Not June 7, 1832. }
Recorded by J. L. & B. Blair Clerks
Book 5. Vol. 25 Page 16.

Adams Drake of Easton Bristol Co Mass.
Parish
14 Mts 8 1/2 do
(A Mnd)
$47.98.
A Babbett Easton Bristol Co Mass.

BRIEF in the case of  Adah Drake of Ralston  of Bristol Co in the State of Mass  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? in open Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 71 years  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years, Months, Days. As a Gen.     In 17 th Dec r 1 " Private Col. Randall   17 th Mar 2 " " " Wilbur   17 th July 2 " " " Leonard Col. Carpenter   79 th Aug st 3 " " " Randall Doggett   " Mar 42 " " Sturtevant   8 th July 3 Drummer " Randall Pitchell   " " (Hodges)  
 5. In what battles was he engaged? none  6. Where did he reside when he entered the service? Ralston  7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? Living witnesses. Traditionary evidence  8. Are the papers defective as to form or authentication? and if so, in what respect? Correct 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
J. H. H. Blair Examining Clerk.

Commonwealth of Massachusetts, ) Bristol, ss. )
At a COURT of PROBATE holden at Furness in and for said County on the twenty ninth day of August one thousand eight hundred and thirty-two, by me before the Honorable HODIJAH BAYLIES, Judge of the Probate, &c. for said County, personally appeared Adam Drake a resident of Paston in the County and Commonwealth aforesaid, aged seventy one years, who being first duly sworn according to law, doth on his oath, in order to obtain the benefit of the act of Congress, passed June 7th, 1832, make the following declaration, That he entered the service of the United States under the following officers & served as herein after stated; to wit, under Capt Matthew Randall, whose other officers of the company or regiment he does not know, again under Captain Wilbur, whose first name and whose other officers of the company or regiment he does not know, again under Capt Jehabod Leonard & Seth Pratt, Col Carpenter & Lt Col Lane, whose first names and whose other officers of the regiment he does not know, but it was in Gen Lovell's Brigade; again under Capt Matthew Randall, whose officers of the company he does not know, in the regiment commanded by Col. Doyett & Lt Col. Hathaway, whose first names and the name of the major he does not know, again under the same Capt Randall & Lt Godfrey & Huck whose first names he does not know, in a regiment commencing under Col. Mitchell whose first name and those of the other officers of the regiment he does not know; again under Capt. Haskins whose first name and the other officers of the company and regiment he has forgotten, again under Capt. Hodges whose first name and the other officers of the company & regiment he has forgotten; and the particulars of his several services he will state in reply to the subjoined interrogatories; and further declares as follows, in reply to the interrogatories propounded by the Secretary of War; to wit:
1. Where, and in what year were you born?
1. Where, and in what year were you born? Ans. That he was born in Easton in the County of Bristol and State of Massachusetts in the year one thousand seven hundred and Sixty one . The record of my birth is on the Book kept for
2. Have you any record of your age; and if so, where is it? The record of my birth is on the Book kept for the purpose of recording births in said Town of Paxton according to a Law of this Commonwealth, a certified copy of which record by the present Town Clerk of said Town is hereto annexed.
3 Where were you living when called into service ; where have you lived since the Revolutionary War, and where do you now live? Always in Easton aforesaid.
4. How were you called into service ; were you drafted, did you volunteer, or were you a substitute? and if a substitute, for whom? The first time as a substitute for my brother, who is since deceased. The other times I volunteered or enlisted, except under Capt. Hastings when I was drafted; my services were always in the State Troops or Militia.
5. State the names of some of the Regular Officers who were with the troops when you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your service. I served under Capt. Randall the first time as a substitute, I went first to Warren whereupon my brother returned home and I remained with the company there, & afterwards marched to Tiverton in the State of R. Island, at both said places our company was employed in guarding the coast from any invasion of the enemy from R. Island, this service was for one month: I entered upon it sometime in December seventeen hundred and seventy six; in the month of March following I entered under Capt. Wilbur and served on the same duty as before for two months in his company at said Tiverton; in July seventeen hundred and seventy eight I entered under Capt. Leonard, we marched to Howland's Ferry in said Tiverton, whence we crossed to R. Island on what was called Sullivan's expedition, we marched to the American lines near Newport, on our retreat from the lines the night before the battle at Quaker Hill I broke my gun by accident, so when the next day our regiment was called into action, the orders were that those who were not prepared should remain behind; I tried to get another gun but could not procure one, so I was forced to remain behind on Quaker Hill a mere spectator of the battle; when the army retreated from the Island I marched in my company to Providence in that State & thence to Pawtucket and Warren, and served out the term, to wit, two months, for which we were engaged; among the troops at Quaker Hill I remember seeing Col. Greene's Black regiment; in January seventeen hundred and seventy nine I entered again under the said Capt. Randall; we first marched to Providence thence to Warwick both in the State of R. Island, where we guarded the coast as aforesaid, and afterwards returned to Providence and were quartered in the College; we served on this occasion three months; in the month of March following I was drafted into the company under Capt. Haskins and served six weeks therein at Foyland Ferry in Little Compton in the State of R. Island, guarding the coast as aforesaid; again under the said Capt. Randall I entered in the month of July in the year seventeen hundred and eighty and marched to Howland's Ferry aforesaid where we crossed to R. Island and marched to Quaker Hill where we were stationed and employed in throwing up intrenchments; I served as a drummer on this occasion three months; under Capt. Hodges I served two months a little below Howland's Ferry aforesaid guarding the coast from invasion of the enemy; but in what year I do not recollect; I have no documentary evidence to prove my above mentioned services under Capt. Haskins and Hodges, I do not know of any one living who knows of my being there except myself; for the other services I refer to the affidavits hereto annexed.

This may Certify that Mr. Adams Drake son of Mr. Richard Drake was born Jan y 10 th 1761 and is Recorded in the town of Easton in Easton Book in Easton at Coffin's Hill on a Ho se written Easton August 22 nd 1832 Isaac D. Drown Clerk A.D. 1832
serv and, if so, by on, a f so by whom at Coffin's Hill a Ho se written Easton
And the said Adam Drake doth further declare that he hereby relinquishes every claim whatever to a pension or annuity except the present, and that his name is not on the Pension Roll of the Agency of any State, or (if any) only on that of the agency of the State of his
Sworn to and subscribed, the day and year aforesaid.
Adam Drake H. Baylies, Judge of Probate.
WE Luther Sheldon residing in Easton and Joel Drake residing in the same Easton hereby certify that we are well acquainted with Adam Drake who has subscribed and sworn to the above declaration; that we believe him to be seventy one years of age; that he is reputed and believed, in the neighborhood where he resides to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn to and subscribed, the day and year aforesaid.
Luther Sheldon Joel Drake H. Baylies, Judge of Probate.
AND the said Court do hereby declare their opinion, after the investigation of the matter and after putting the interrogatories prescribed by the War Department, that the abovenamed applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that Luther Sheldon who has signed the preceding certificate is a Chiggyman resident in the Town of Easton in said County of Bristol, and that Joel Drake who has also signed the same is a resident in said Easton , and is a credible person, and that their statement is entitled to credit.
H. Baylies, Judge of Probate. Register of Probate.
COMMONWEALTH OF MASSACHUSETTS, BRISTOL, ss.
I Anselm Bassett Register of the Court of Probate in and for said County do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Adam Drake of Easton in said County, for a Pension.
In testimony whereof I have hereunto set my hand and the seal of the said Court the day and year first above written.
Anselm Bassett

6. Were you a Soldier or an Officer? if a Soldier, did you ever receive a discharge from the service and, if so, by whom was it given, and what has become of it? if an Officer, did you ever receive a commission, and if so by whom was it signed, and what has become of it?
I was a soldier always except at the battle of Bunker Hill under Capt. Randall where I was a drummer; I never had a written discharge;
7. State the names of the persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a Soldier of the Revolution.
The reverend Luther Sheldon & Joel Drake both of said Easton
And the said Adam Drake doth further declare that he hereby relinquishes every claim whatever to a pension or annuity except the present, and that his name is not on the Pension Roll of the Agency of any State, or (if any) only on that of the agency of the State of his .
Sworn to and subscribed, the day and year aforesaid.
Adam R. Drake H. Baylies, Judge of Probate.
WE Luther Sheldon residing in Easton and Joel Drake residing in the same Easton hereby certify that we are well acquainted with Adam Drake who has subscribed and sworn to the above declaration; that we believe him to be seventy one years of age; that he is reputed and believed, in the neighborhood where he resides to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn to and subscribed, the day and year aforesaid. Luther Sheldon Joel Drake H. Baylies, Judge of Probate.
AND the said Court do hereby declare their opinion, after the investigation of the matter and after putting the interrogatories prescribed by the War Department, that the abovenamed applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that Luther Sheldon who has signed the preceding certificate is a Christian resident in the Town of Easton in said County of Bristol, and that Joel Drake who has also signed the same is a resident in said Town, and is a credible person, and that their statement is entitled to credit.
H. Baylies, Judge of Probate. Register of Probate.
COMMONWEALTH OF MASSACHUSETTS, } BRISTOL, ss. }
I Anselm Bassett Register of the Court of Probate in and for said County do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Adam Drake of Easton in said County, for a Pension.
In testimony whereof I have hereunto set my hand and the seal of the said Court the day and year first above written.
Anselm Bassett

Reiman
5365
INVALID.
File No. 5365
Adam Drake
Print Rev War
Act: June 7 th 1832
Index:—Vol. M , Page 102
[Arrangement of 1870.]

I, Thomas Danforth of Norton in the County of Bristol & Commonwealth of Massachusetts, aged seventy one years do testify & say, that I am acquainted with Adam Drake of Easton in said County, that our acquaintance commenced in the revolutionary army, in the year seventeen hundred and eighty in the summer but the month I do not recollect. I had enlisted in a company commanded by Capt. Reuben Bates in regiment commanded by Col. Abiel Mitchell, and marching to Rhode Island, where I saw said Drake a soldier in drummer in Capt. Matthew Randall's company in the same regiment, I was also a musician and we met every day; we served together three months on Bunker Hill throwing up fortifications, and keeping guard; this service was called Continental - we enlisted as recruits for the Continental army.
Tho s Danforth
Commonwealth of Massachusetts -
Bristol ss. August 20. 1832 - Thomas Danforth made oath to the truth of the above affidavit by him signed - Before me A. Bassett Just. of the Peace

I John Lathrop of Easton in the County of Bristol & Commonwealth of Massachusetts, aged seventy eight years do testify and say that I am well acquainted with Adam Drake of said Easton and have known him ever since he was a boy, that in the month of December in the year seventeen hundred and seventy six I was serving as a soldier in the Company commanded by Captain Matthew Randall guarding the coasts against any landing of the enemy from Rhode Island near Howland's Ferry in the Town of Tiverton in that State, a part of this Company which had previously been stationed as I understood at Warren on the other side of the river or bay came and joined us, & with them as a soldier in said Company came the said Drake & he staid and served with us the remainder of our service served some time; but how long I do not remember; at another time in the month of July, in the year seventeen hundred and seventy eight said Drake & I entered the service in a company commanded by Capt. Ichabod Leonard and Lt. Seth Pratt, of Dean whose first name I do not remember in Col. Carpenter's regiment, Lt. Col. Lane. I do not remember their first names, in Gen. Lovell's Brigade, the name of the Brigade Major was Miles, we marched from Taunton to Howland's Ferry where we crossed to the Island, on what was called Sullivan's Expedition, our regiment was stationed on the right of the center of the army, and during the Battle at Quaker Hill we were engaged with the enemy, said Drake was not in the ranks when we were engaged; after the Battle we retreated and marched to Providence, thence to Pawtucket & thence to Warwick, and served out our term of service which was two months; said Drake served on this occasion till the Company were dismissed. J. Lathrop
Commonwealth of Massachusetts.
Bristol ss. August 20. 1832. John Lathrop made oath to the truth of the foregoing affidavit by him signed —
Before me A. Barrett Just. of the Peace —

I, Solomon Lothrop, of Bristol  Norton in the County of Bristol & Commonwealth of Massachusetts, aged seventy one years, do testify and say, that I have been acquainted with Adam Drake of Easton in said County ever since he was a boy; that I know of his serving in the American army in the war of the revolution, in the Spring or the fore part of Summer of the year seventeen hundred and seventy seven for the term of two months, under Capt. Wilbur whose first name I do not recollect, nor the other officers under whom he served; I served with him in the same company; again I served in the same company with him in the in the latter part of summer & beginning of autumn following year, under Capt. Ichabod Leonard, in Col. Carpenter's regiment for another term of two months; another time I served with him, in the spring of the year seventeen hundred & seventy nine, in a company under Capt. Matthew Randall in as I think in Col. Mitchell's regiment, for a term of three months; the first term of service abovementioned was performed at Kingston in the State of Rhode Island guarding the Coasts against any incursion of the enemy from Rhode Island; the next time we were on what was called Sullivan's Expedition to R. Island, we halted for some time at Howland's Ferry, there crossed to the Island, and our regiment was engaged in the Battle at Quaker Hill; but I do not recollect that said Drake was in the engagement; but I believe he served the whole term above mentioned; the last time above mentioned our company marched to Providence and were quartered in the College performing garrison duty in said Town. Solomon Lothrop
Commonwealth of Massachusetts - Bristol ss. Norton Aug d . 28 th 1832.
Then personally appeared Solomon Lothrop and made solemn oath that the foregoing affidavit, by him subscribed, is true according to his best knowledge and belief - Before me,
James L. Hodges. Pres. Paris.

BRIEF objections to the admission of Pension Claims , of which those answered in the negative, in red ink, will apply to the claim of Adam Drake Bristol  CoPney which require further proof or explanation.
I. Does the declaration show where the applicant resides? yes II. Did the declarant make the declaration in the county where he resides? yes III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so?  IV. Has the declarant mentioned the period or periods of the war when he served? yes V. * Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amount of pension he is entitled? yes VI. Has he given the names of the officers under whom he served, in conformity with the regulations? yes VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? yes VIII. Has the Court given their opinion? yes IX. Has the Clerk given his certificate? yes X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? yes

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? yes XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it?  XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had?  XIV. † If the applicant has produced a witness or witnesses as to his service, has the magistrate who administered the oath certified that he, she, or they are persons of credibility? yes And is the official character and signature of the magistrate certified by the proper officer under his seal of office? yes XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service? yes XVI. ‡ Are the papers authenticated as the regulations direct? yes XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? yes
 EXPLANATORY NOTES.
* QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
“Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned below, and in the following grades: For _____ year _____ months and _____ days. I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension.”

It is important in all cases to determine with precision the period for which the applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months is too indefinite, and all such qualifying expressions are objectionable.
*QUERE XIV.  Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
*QUERE XVI.  Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticated the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the end of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.